People v. Eckhardt

The plaintiffs, Mark and Julie Lehmann, brought this suit for damages caused by the periodic flooding of their home. Two counts were directed against Gene and Leslie Bateman, the developers of the subdivision in which the house lies. One count alleged a breach of an implied warranty of habitability, and the other asserted the Batemans had negligently failed to comply with section 13 of "An Act to revise the law in relation to recorders" (Ill. Rev. Stat. 1983, ch. 115, par. 13). The trial court granted the Batemans motion for summary judgment on both counts. The plaintiffs also brought a negligence count and a breach of contract count against Bloomington Federal Savings & Loan (BFS&L), from which the plaintiffs had borrowed funds to Page 414 purchase their home. They alleged BFS&L had failed to comply with provisions of the National Flood Insurance Act of 1968 (42 U.S.C. sec. 4001 et seq. (1982)) and a regulation enacted under it. The trial court granted BFS&Ls motion to dismiss both counts.